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1999 Supreme(SC) 1412
(2009) 17 Supreme Court Cases 410
K.T. THOMAS, D.P. WADHWAAND SYED SHAH MOHAMMED QUADRI, JJ.
OKHLA ENCLAVE JOINT ACTION COMMITTEE AND OTHERS – Petitioners
Versus
UNION OF INDIA AND OTHERS – Respondents.
IAs Nos. 25-27 in WP (C) No. 113 of 1996, etc.
Decided on : December 2, 1999
D.D. Thakur, Senior Advocate (P. Narasimhan, Ms Ishita YGajme and Ashish Dholakia, Advocates) for the Petitioners;
P.P. Rao and Ashok K. Srivastava, Senior Advocates (H.K. Puri, R.S. Diwan, S.K. Puri, Rajesh Srivastava, Ujjwal Banerjee, Mahabir Singh and Ranbir Yadav, Advocates) for the Respondents;
P.N. Goswami in-person.
The court's decision emphasized the payment of a specified sum by each allottee to the Government in the account of the coloniser and the possession of respective plots by the coloniser within a specified time frame.
Headnote:
Coloniser - Dispute over Development Costs - The court directed each allottee to pay a specified amount to the Government of Haryana in the account of the coloniser and directed the coloniser to put each allottee in possession of the respective plot within a specified time frame, with the balance amount to be worked out later.
Fact of the Case:
The court addressed a dispute over the exact amount payable by each allottee to the coloniser and the Government of Haryana, and directed the payment of a specified sum by each allottee to the Government in the account of the coloniser.
Finding of the Court:
The court directed the payment of a specified sum by each allottee to the Government in the account of the coloniser and directed the coloniser to put each allottee in possession of the respective plot within a specified time frame, with the balance amount to be worked out later.
Issues: Dispute over exact amount payable by each allottee to the coloniser and the Government of Haryana.
Ratio Decidendi: The court directed each allottee to pay a specified amount to the Government in the account of the coloniser and directed the coloniser to put each allottee in possession of the respective plot within a specified time frame, with the balance amount to be worked out later.
Final Decision: The court directed each allottee to pay a specified sum to the Government in the account of the coloniser and directed the coloniser to put each allottee in possession of the respective plot within a specified time frame, with the balance amount to be worked out later.
ORDER
1. We heard all the counsel at great length. It is submitted on behalf of the coloniser that 75% of the internal developments had already been completed at his own expense. It is submitted on behalf of the Government of Haryana that external development work is in good progress and will continue to be done and completed as early as possible.
2. There seems to be a serious dispute as to the exact amount payable by each allottee to the coloniser as well as to the Government in terms of the order passed by us on 20-1-1999. It was not possible for us to fix the exact figure payable by each allottee to the Government and to the coloniser. All the same we direct each allottee to pay a sum of Rs. 50 per square yard within 4 weeks from today to the Government of Haryana in the account of the coloniser. We direct the coloniser to put each allottee in possession of the respective plot within two weeks therefrom. The balance amount, if any payable by each allottee will be worked out and fixed up later.
3. If the amount specified above is not paid within the' period of four weeks, the coloniser is not obliged to put the defaulting allottee in possession of the plot concerned. To avoid further complications regatding payment and acceptance, we make it clear that it is sufficient that the amount is sent by draft by registered post to the Director, Town & Country Planning, Chandigarh (Haryana), if personal delivery is not found feasible. The remittance of the amount shall immediately be communicated to the coloniser in writing by registered post by the remitter.
4. For reporting of compliance with the above directions list these matters on 19-1-2000 at 2.00 p.m.
Court Masters
